Aero Spacelines, Inc. v. Superior Court

*179 Opinion

This mandate proceeding was brought to review an order of the superior court requiring the joinder of an additional party plaintiff at the commencement of a new trial on the issue of damages only.

The underlying superior court action was brought by petitioners (hereinafter plaintiffs) against General Motors Corporation (hereinafter defendant) for damages for negligent injury to an airplane. The case was tried before a jury and a verdict for plaintiffs returned. The trial court granted defendant’s motion for new trial upon the ground of excessive damages, but limited the new trial to the damage issue. Both sides appealed, and the Court of Appeal affirmed the order of the trial court (Aero Spacelines, Inc., et al., v. General Motors Corporation (Nov. 18, 1976) 2 Civ. 46955, not certified for publication).

Following remand, and prior to commencement of the retrial, defendant made a motion in the superior court to require plaintiffs to join Certain Underwriters at Lloyds London (hereinafter Lloyds) as a party plaintiff. Defendant based the motion upon its claim that Lloyds was plaintiffs’ insurer, that . Lloyds had paid a part of the loss sustained by plaintiffs and…